Terms of Service
1. Introduction
Welcome to VirtualPartyGames.io, a property of Bright Harbour Ventures. These Terms of Service ("Terms") govern your access to and use of VirtualPartyGames.io ("we", "our", or "us") websites, services, and applications (collectively the "Service"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy.
2. The VirtualPartyGames.io Service
We provide a service that allows users to play multiplayer online party games with their friends, family, and others. We also provide mechanisms to create an account, maintain a user profile, and view game statistics, among other features. The Service includes all of the VirtualPartyGames.io products, features, applications, services, technologies, and software that we provide.
3. Your Commitments
3.1. Who Can Use VirtualPartyGames.io
You must be at least 13 years old and able to enter into legally binding contracts to use VirtualPartyGames.io. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms.
3.2. What You Can't Do
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including "robots," "spiders," "offline readers," etc., to access the Service; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
4. Permissions You Give to Us
As part of our agreement, you also give us permissions that we need to provide the Service. By posting, uploading, inputting, providing, or submitting your content, you are granting Bright Harbour Ventures, its affiliated companies, and necessary sublicensees an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use your content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content; and to publish your name in connection with your content.
5. Additional Rights We Retain
Bright Harbour Ventures also retains certain rights in its Service that we reserve to protect ourselves and our users. We reserve the right to modify or terminate the Service for any reason, without notice, at any time, and without liability to you. We can change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
6. Disputes
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of Canada without regard to its conflict of law rules.
Before filing a claim against Bright Harbour Ventures, you agree to try to resolve the dispute informally and in good faith by contacting support@virtualpartygames.io. We'll try to resolve the dispute informally by contacting you via email. If the dispute is not resolved through informal negotiation, you agree to attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator in Canada. The costs of such mediation will be shared equally between you and Bright Harbour Ventures.
If the dispute is not resolved through mediation, you and Bright Harbour Ventures agree to resolve any claims relating to these Terms or the Service through final and binding arbitration. The ADR Institute of Canada will administer the arbitration under its Arbitration Rules. The arbitration will be held in Canada, or any other location we agree to. The costs of such arbitration will be shared equally between you and Bright Harbour Ventures.
7. Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Bright Harbour Ventures reserves the right to modify these Terms at any time at our sole discretion. Your continued use of the Service following any modification to these Terms constitutes your acceptance of the changes.
8. User Content
Some areas of the Service may allow users to post content such as profile information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Service) ("User Content"). You retain ownership of your User Content. However, by posting, uploading, inputting, providing, or submitting your User Content, you are granting Bright Harbour Ventures, its affiliated companies, and necessary sublicensees an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use your User Content in connection with the operation of their Internet businesses and the Service, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Content.
9. Intellectual Property
All intellectual property rights in our Service, its content, any educational materials provided or available through the Service, and the underlying technology, are owned by Bright Harbour Ventures and our licensors. You may not copy, distribute, modify or make derivative works of any of our VirtualPartyGames.io Content or use any of our intellectual property rights in any way not expressly stated in these terms.
10. Termination of Service
We may terminate or suspend your right to use our Service at any time for any or no reason. Termination or suspension of the Service may occur without notice and will be effective immediately.
11. Disclaimers
The Service and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Bright Harbour Ventures SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
12. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bright Harbour Ventures SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
13. Purchase of Subscriptions and Digital Products
Our Service offers both subscriptions and one-off digital product purchases.
13.1 Subscriptions
We offer monthly and annual subscription plans ("Subscription Plans") for access to premium features and/or content. These Subscription Plans are billed in advance on a monthly or annual basis respectively and are non-refundable for the subscription period they are purchased for.
13.2 Digital Products
Our Service also allows you to purchase digital products ("Digital Products"). Once purchased, the Digital Products will only be applied to your account and cannot be transferred or applied to other accounts.
14. Refund Policy
All sales of Subscription Plans and Digital Products are final. We do not accept returns or offer refunds for the purchase of Subscription Plans or Digital Products except as required by applicable law. If you live in a jurisdiction where refunds are required by law, the refund will be made in accordance with those laws.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
16. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Bright Harbour Ventures and you regarding the Service, and these Terms supersede and replace any prior agreements between Bright Harbour Ventures and you regarding the Service.
17. No Waiver
No waiver of any terms will be deemed a further or continuing waiver of such term or any other term, and Bright Harbour Ventures's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Changes to the Service
Bright Harbour Ventures reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
19. Indemnity
You agree to indemnify, defend, and hold harmless Bright Harbour Ventures, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.
20. Force Majeure
Neither party, including its directors, officers, employees, founders, or affiliates, shall be liable for any failure or delay in performance under the Terms due to any cause beyond its reasonable control, including acts of God, acts of terrorism, war, riots, labor disputes, or governmental requirements.
21. No Agency Relationship
The use of our service does not establish any agency, partnership, or employment relationship between the user and Bright Harbour Ventures, its directors, officers, employees, founders, or affiliates.